[Ord. No. 246, 10/11/2023[1]]
1. 
The Board of Supervisors of the Township finds that:
A. 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed increases flood flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of existing streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines floodplain management and flood reduction efforts in upstream and downstream communities, reduces groundwater recharge, and threatens public health and safety.
B. 
A comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated erosion, is fundamental to the public health, safety, welfare, and the protection of the people of the Township and all the people of the commonwealth, their resources, and the environment.
C. 
Inadequate management of accelerated stormwater runoff resulting from development throughout a watershed poses a threat to surface water and groundwater quality.
D. 
Through project design, impacts from stormwater runoff can be minimized to maintain the natural hydrologic regime and sustain high water quality, groundwater recharge, stream base flow and aquatic ecosystems. The most cost-effective and environmentally advantageous way to manage stormwater runoff is through nonstructural project design, minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e., buffers, floodplains, steep slopes), and designing to topography and soils to maintain the natural hydrologic regime.
E. 
To effectively monitor the maintenance of base flow within the watershed, a tracking of consumptive use, including stormwater discharges and groundwater withdrawals, is critical to complying with antidegradation, goals and policy of Act 167, and the regulatory requirement to maintain base flow and stream health.
F. 
The use of green infrastructure and low impact development (LID) are intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest and use precipitation near where it falls to earth. Green infrastructure practices and LID contribute to the restoration or maintenance of predevelopment hydrology.
G. 
Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES) program.
[1]
Editor's Note: This Part also repealed former Part 2, Stormwater Management, adopted by Ord. No. 181, 10/11/2006, as amended.
[Ord. No. 246, 10/11/2023]
1. 
The purpose of this Part is to promote the public health, safety, and welfare within the Township, including the areas within the Brodhead and McMichaels Creek and Delaware River Watersheds, by maintaining the natural hydrologic regime by minimizing the impacts described in § 26-201 of this Part through provisions designed to:
A. 
Promote alternative project designs and layout that minimize impacts to surface water and groundwater.
B. 
Promote nonstructural BMPs.
C. 
Minimize increases in stormwater volume and mimic predevelopment hydrology.
D. 
Minimize impervious surfaces.
E. 
Manage accelerated runoff and erosion and sedimentation problems at their source by regulating activities that cause these problems during construction.
F. 
Utilize and preserve the existing natural drainage systems.
G. 
Encourage recharge of groundwater where appropriate and prevent degradation of groundwater quality.
H. 
Address the quality and quantity of stormwater discharges from the development site.
I. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
J. 
Provide standards to meet NPDES permit requirements.
K. 
Maintain existing base flow and quality of streams and watercourses in the municipality and the commonwealth.
L. 
Preserve and restore the flood-carrying capacity of streams; prevent scour and erosion of stream banks and streambeds.
M. 
Provide proper maintenance of all permanent stormwater management facilities that are existing and which may be constructed in the Township in the future.
N. 
Provide performance standards and design criteria for watershed-wide stormwater management and planning.
[Ord. No. 246, 10/11/2023]
The Township is empowered to regulate land use activities that affect runoff and surface water and groundwater quality and quantity by the authority of the Pennsylvania Storm Water Management Act, the Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. § 680.1 et seq., the Water Resources Management Act of 2002, as amended, and the Second Class Township Code, Act of May 1, 1933, P.L. 103, No. 69, reenacted and amended by the Act of November 9, 1995, P.L. 350, No. 60, as amended, 53 P.S. § 66501 et seq.
[Ord. No. 246, 10/11/2023]
1. 
This Part shall apply to those areas of the municipality that are located within the Brodhead and McMichaels Creek Watersheds, as delineated on the mapping in Appendix D which is hereby adopted as part of this Part.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
2. 
This Part shall only apply to permanent nonstructural and structural stormwater management best management practices (BMPs) constructed as part of any of the regulated activities listed in § 26-205.
3. 
This Part contains only the stormwater management performance standards and design criteria that are necessary or desirable from a watershed-wide perspective. Local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by the applicable Township ordinances and applicable state regulations.
4. 
The Township may after consultation with DEP approve alternative methods for meeting the state water quality requirements other than those in this Part, provided that they meet the minimum requirements[2] of, and do not conflict with, state law, including, but not limited to, the Clean Streams Law and the Pennsylvania Stormwater BMP Manual, as revised.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
5. 
The provisions, regulations, limitations, and restrictions of this Part governing maintenance of stormwater management facilities shall apply to all stormwater management facilities existing on the date of this Part or installed after the date of this Part and shall apply to all persons responsible for maintenance of such stormwater management facilities and all persons who own or occupy the land upon which such stormwater management facilities are located.
6. 
The provisions, regulations, limitations, and restrictions of this Part governing grading, erosion and sedimentation control, excavation, and other earth disturbance activities shall apply to all persons performing any such activities within the Township and to all landowners of lots upon which such activities are performed.
7. 
No person shall use or modify any land or watercourse, and no person shall disturb, move, strip or modify the earth, and no person shall build, install or extend any structure or other impervious surface or semi-impervious surface without full compliance with the terms of this Part and other applicable regulations.
8. 
It shall be the responsibility of the developer and, if different, the landowner, to ensure that all contractors, agents, or other persons comply with all requirements of this Part and with any approved drainage plan or stormwater management permit.
[Ord. No. 246, 10/11/2023]
1. 
The following activities are defined as "regulated activities" and shall be regulated by this Part:
A. 
Land development.
B. 
Subdivisions.
C. 
Alteration of the natural hydrologic regime.
D. 
Construction of, or additional, impervious or semi-pervious surfaces (driveways, parking lots, roads).
E. 
Construction of new buildings or additions to existing buildings.
F. 
Redevelopment of a site which will increase runoff or change a discharge point. Any redevelopment that does not increase the runoff must still comply with §§ 26-223, Water Quality and Stream Bank Erosion Requirements, and 26-225, Groundwater Recharge (Infiltration/Recharge/Retention).
G. 
Diversion, piping, or encroachments in any natural or man-made channel.
H. 
Nonstructural and structural stormwater management BMPs or appurtenances thereto.
I. 
Stream enhancement or restoration projects.
J. 
All buildings or improvements to land which create impervious surfaces in the Flory Pond drainage area contained within Smithfield Township.
[Ord. No. 246, 10/11/2023]
Except as otherwise required by law, this Part is intended as a continuation of, and not a repeal of, existing regulations governing the subject matter. To the extent that this Part restates regulations contained in ordinances previously enacted by the Board of Supervisors, all provisions of this Part shall be considered in full force and effect as of the date such regulations were initially enacted. This Part shall be considered a restatement and not a repeal of such regulations. It is the specific intent of the Board of Supervisors that ordinances inconsistent with the provisions of this Part are hereby repealed. It is expressly provided that the provisions of this Part shall not affect any act done, contract executed or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted to enforce any rights, rule, regulation or ordinance, or part thereof, or to punish any violation which occurred under any prior stormwater management regulation or ordinance. In the event any violation has occurred under any prior stormwater management regulation or ordinance of Smithfield Township, prosecution may be initiated against the alleged offender pursuant to the provisions of said prior stormwater management regulation or ordinance, and the provisions and penalties provided in said prior stormwater management regulation or ordinance shall remain effective as to said violation.
[Ord. No. 246, 10/11/2023]
1. 
Approvals issued pursuant to this Part do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in these permits or approvals, the more stringent regulation shall apply.
2. 
Developers shall comply with all applicable provisions of the Zoning Ordinance [Chapter 27]. If the terms of the Zoning Ordinance [Chapter 27] concerning agriculture, forestry, landscaping, steep slopes or karst hazards areas are more stringent than the terms of this Part, the developer shall comply with those more stringent requirements.
[Ord. No. 246, 10/11/2023]
Should any section of provision of this Part be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this Part.
[Ord. No. 246, 10/11/2023]
Any permit or authorization issued or approved based on false, misleading or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency or employee of the municipality purporting to validate such a violation.